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German Ministry of Finance finalizes guidance on German extraterritorial taxation of intellectual property

11 February 2021

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Tax Alerts, Legislation & Policy, Na...

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United States, Germany

Executive summaryOn 11 February 2021, the German Ministry of Finance (MoF) finalized additional guidance addressing the currently discussed nonresident taxation of royalty income and capital gains relating to rights solely because these rights are registered in a public German book or register.Initially, it was proposed to eliminate this debatable rule given the significant administrative burden that it causes for both taxpayers and the tax authorities as well as that Germany should eventually not have a taxing right under applicable treaties (see EY Global Tax Alert, German Ministry of Finance publishes draft law concerning the modernization of withholding tax relief and...